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Dwayne B.
Dwayne B., Attorney
Category: Estate Law
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Experience:  Estate Law Expert
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My wifes mother and father have passed away, and did not leave

Resolved Question:

My wife's mother and father have passed away, and did not leave a will, I am a disabled vet and we are living here, but we can't make it a homestead because the house and land is under her mother and fathers name. I have limited funds, and we are facing, eviction in December. How hard is it to get the house and property in my wife's name.

Norman
Submitted: 1 year ago.
Category: Estate Law
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

It's not hard, in that the procedures are easily identifiable but a probate is going to require an attorney.

JD 1992 :

If the mother and father did not owe any debts or own any property other than that land and house then it is likely you could do an Affidavit of Heirship which is both fast and inexpensive.

Customer:

I filled out one for Propel Tax and they were going to help but because I qualify for disability they could not help

JD 1992 :

What did you fill out for Propel Tax?

Customer:

for back takes,

Customer:

tax's

Customer:

an affidivate of heirship

JD 1992 :

It's probably not the same thing. I'm not sure what they are using but the Affidavit of Heirship I'm talking about is one that is filed with the probate court and is used in place of a formal probate.

Customer:

It's not, it just asks for the name of family and the deceased family ,date of death and residence

JD 1992 :

No, not the same thing. You need to go and visit with a local attorney and get them to see if the Affidavit of Heirship would apply and, if so, a price on preparing it.

JD 1992 :

That transfers title to your wife and then she could file for the homestead.

Customer:

what would be a fair price, because I am on disability my funds are limited

JD 1992 :

It can range from a few hundred up. I don't know what they are going for now in Polk County but it is one of the least expensive counties in East Texas to get legal services.

JD 1992 :

And these aren't complicate so you can call around and get the best price.

Customer:

ok thanks, XXXXX XXXXX been a great help

JD 1992 :

You're very welcome.

JD 1992 :

Best wishes to you on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work. The website only gives credit to the expert if you give a Positive Rating.

JD 1992 :

I'll exit now to assist others.

Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 27374
Experience: Estate Law Expert
Dwayne B. and 6 other Estate Law Specialists are ready to help you
Expert:  Dwayne B. replied 1 year ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR JD 1992” in the subject line or as the first words of your question and I will pick up as soon as I see it.

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